The LPDD team is proud to announce the release of two new model legal documents relating to the procurement of green fleets by state and local bodies, including a piece of model legislation and a model executive order.
The LPDD Model Clean Fleet Legislation is available here. From the introductory memorandum to the model law:
This LPDD model legislation can be enacted on the state or local level to establish a “Green Fleet Transition” program in the enacting jurisdiction. It would establish an orderly process for the transition of a governmental fleet from one that consists exclusively of ICE vehicles to one populated by a specified level of battery electric vehicles, plug-in hybrid vehicles and hydrogen fuel cell vehicles. It is drafted to allow each jurisdiction to design the legislation to fit its unique needs, goals and policy choices with respect to alternative fuel vehicle (AFV) procurement.
The centerpiece of the legislation is a mandate directed to the entity responsible for vehicle procurement, which would require such department to develop a plan to procure specified AFVs in accordance with a specified timetable. That plan also would, among other things: (i) require procurement to follow lawful and fiscally responsible procedures; (ii) allow for cooperative procurement with other governmental entities; (iii) require the identification of available governmental incentives and cooperative procurement programs; (iv) accommodate the special needs of Police and other departments requiring vehicles with particular performance capabilities; (v) require the procurement and installation of the infrastructure needed for convenient recharging of the electric vehicles added to the fleet; and (vi) require periodic reporting and program adjustments. Operating agencies would be required to procure their vehicles in accordance with such plan, once it is adopted.
The Model Clean Fleet Executive Order is available here. From the introductory memorandum to the model Order:
This LPDD model executive order can be used to establish a state or local “Green Fleet Transition” program. The Model Order begins with the identification of some of the benefits that would result from a green fleet transition program, including the reduction of greenhouse gas emissions, reduced emission of the traditional pollutants that harm public health, and fiscal savings accruing from reduced fuel and maintenance costs associated with the operation of electric vehicles. It calls for the development by the state or municipal department responsible for vehicle procurement of a plan for the orderly transition of the government fleet over time. Such a plan would:
- provide for the retirement and disposition of ICE vehicles and the procurement of AFVs in accordance with a timetable consistent with deep decarbonization goals;
- require AFV procurement to follow lawful and fiscally responsible procedures, in accordance with specifications that account for the whole-life costs of vehicles;
- allow for joint procurement with other governmental entities;
- require the identification and utilization of available governmental incentives;
- accommodate the special needs of Police, Fire and other departments requiring vehicles with particular performance capabilities;
- require the procurement and installation of the infrastructure needed for convenient recharging of the electric vehicles added to the fleet; and
- require periodic reporting and program adjustments.